Plants and seeds of canola variety scv239377

ABSTRACT

In an embodiment, the invention relates to the seeds, plants, and plant parts of canola variety SCV239377 and to methods for producing a canola plant produced by crossing canola variety SCV239377 with itself or with another canola variety. The invention also relates to methods for producing a canola plant containing in its genetic material one or more transgenes and to the transgenic canola plants and plant parts produced by those methods. This invention also relates to canola varieties or breeding lines and plant parts derived from canola variety SCV239377, to methods for producing other canola varieties, lines or plant parts derived from canola variety SCV239377 and to the canola plants, varieties, and their parts derived from use of those methods. The invention further relates to hybrid canola seeds, plants and plant parts produced by crossing the variety SCV239377 with another canola variety.

BACKGROUND OF THE INVENTION

Field of the Invention

The present invention relates to a new and distinctive canola variety,designated SCV239377. All publications cited in this application areherein incorporated by reference.

Description of Related Art

Canola, Brassica napus oleifera annua, is an important and valuablefield crop. Thus, a continuing goal of canola plant breeders is todevelop stable, high yielding canola varieties that are agronomicallysound. The reasons for this goal are generally to maximize the amount ofgrain produced on the land used and to supply food for both animals andhumans. The high quality vegetable oil extracted from canola grain is aprimary reason for canola's commercial value. Thus, in addition to highgrain yields, increasing the oil content level in the grain can maximizecrop value per acre. To accomplish these goals, the canola breeder mustselect and develop canola plants that have the traits that result insuperior varieties.

SUMMARY OF THE INVENTION

Reference now will be made in detail to the embodiments of theinvention, one or more examples of which are set forth below. Eachexample is provided by way of explanation of the invention, not alimitation of the invention. In fact, it will be apparent to thoseskilled in the art that various modifications and variations can be madein the present invention without departing from the scope or spirit ofthe invention. For instance, features illustrated or described as partof one embodiment, can be used on another embodiment to yield a stillfurther embodiment.

Thus, it is intended that the present invention covers suchmodifications and variations as come within the scope of the appendedclaims and their equivalents. Other objects, features and aspects of thepresent invention are disclosed in or are obvious from the followingdetailed description. It is to be understood by one of ordinary skill inthe art that the present discussion is a description of exemplaryembodiments only, and is not intended as limiting the broader aspects ofthe present invention.

According to the invention, there is provided a new canola varietydesignated SCV239377. This invention thus relates to the seeds, plants,and/or plant parts of canola variety SCV239377 and to methods forproducing a canola plant produced by crossing canola variety SCV239377with itself or another canola genotype, and the creation of variants bymutagenesis or transformation of canola variety SCV239377.

Thus, any methods using the canola variety SCV239377 are part of thisinvention: selfing, backcrosses, hybrid production, crosses topopulations, and the like. All plants produced using canola varietySCV239377 as a parent are within the scope of this invention.Advantageously, the canola variety could be used in crosses with other,different, canola plants to produce first generation (F₁) canola hybridseeds and plants with superior characteristics.

In another aspect, the present invention provides for single or multiplegene converted plants of SCV239377. The transferred gene(s) may be adominant or recessive allele. The transferred gene(s) may confer suchtraits as herbicide resistance, insect resistance, resistance forbacterial, fungal, or viral disease, male fertility, male sterility,enhanced nutritional quality, modified fatty acid metabolism, modifiedcarbohydrate metabolism, modified seed yield, modified oil percent,modified protein percent, modified lodging resistance, modifiedglucosinolate content, modified chlorophyll content and industrialusage. The gene may be a naturally occurring canola gene or a transgeneintroduced through genetic engineering techniques.

In another aspect, the present invention provides regenerable cells foruse in tissue culture of canola plant SCV239377. The tissue culture willpreferably be capable of regenerating plants having all of themorphological and physiological characteristics of the foregoing canolaplant, and of regenerating plants having substantially the same genotypeas the foregoing canola plant. Preferably, the regenerable cells in suchtissue cultures will be embryos, protoplasts, meristematic cells,callus, pollen, leaves, anthers, pistils, cotyledons, roots, root tips,flowers, seeds, pods or stems. Still further, the present inventionprovides canola plants regenerated from the tissue cultures of theinvention.

In another aspect, the present invention provides a method of plantbreeding wherein the method comprises the steps of a) crossing a plantof canola variety SCV239377 with a second canola plant that comprises adesired trait to produce F₁ progeny plants; b) selecting at least afirst progeny plant from step (a) that comprises the desired trait toproduce a selected progeny plant; c) crossing the selected progeny plantfrom step (b) with a plant of canola variety SCV239377 to produce atleast a first backcross progeny plant that comprises the desired trait;and d) repeating steps (b) and (c) with the first backcross progenyplant produced from step (c) used in place of the first progeny plant ofstep (b) during said repeating, wherein steps (b) and (c) are repeateduntil at least a backcross progeny plant is produced comprising thedesired trait. The invention still further provides a soybean plantproduced by this and the foregoing methods.

DEFINITIONS

In the description and tables which follow, a number of terms are used.In order to provide a clear and consistent understanding of thespecification and claims, including the scope to be given such terms,the following definitions are provided:

Allele. Allele is any of one or more alternative forms of a gene whichrelate to one trait or characteristic. In a diploid cell or organism,the two alleles of a given gene occupy corresponding loci on a pair ofhomologous chromosomes.Alter. The utilization of up-regulation, down-regulation, or genesilencing.Anther arrangement. The orientation of the anthers in fully openedflowers can also be useful as an identifying trait. This can range fromintrose (facing inward toward pistil), erect (neither inward notoutward), or extrose (facing outward away from pistil).Anther dotting. The presence/absence of anther dotting (colored spots onthe tips of anthers) and if present, the percentage of anther dotting onthe tips of anthers in newly opened flowers is also a distinguishingtrait for varieties.Anther fertility. This is a measure of the amount of pollen produced onthe anthers of a flower. It can range from sterile (such as in femaleparents used for hybrid seed production) to fertile (all anthersshedding).Backcrossing. Backcrossing is a process in which a breeder repeatedlycrosses hybrid progeny back to one of the parents, for example, a firstgeneration hybrid F₁ with one of the parental genotypes of the F₁hybrid.Blackleg (Leptosphaeria maculans). Virulent or severe blackleg ofcanola/rapeseed is a fungal canker or dry rot disease of the activelygrowing crop that causes stem girdling and lodging. In heavily infestedcrops, up to 100 percent of the stems may be infected, resulting inmajor yield loss. For purposes of this application, resistance toblackleg is measured using ratings of “R” (resistant), “MR” (mediumresistant), “MS” (moderately susceptible) or “S” (susceptible).Cell. Cell as used herein includes a plant cell, whether isolated, intissue culture or incorporated in a plant or plant part.Cotyledon width. The cotyledons are leaf structures that form in thedeveloping seeds of canola which make up the majority of the mature seedof these species. When the seed germinates, the cotyledons are pushedout of the soil by the growing hypocotyls (segment of the seedling stembelow the cotyledons and above the root) and they unfold as the firstphotosynthetic leafs of the plant. The width of the cotyledons varies byvariety and can be classified as narrow, medium, or wide.Elite canola line or variety. A canola line or variety, per se, whichhas been sold commercially.Elite canola parent line or variety. A canola line or variety which is aparent of a canola hybrid which has been commercially sold.Embryo. The embryo is the small plant contained within a mature seed.Essentially all of the morphological and physiological characteristics.The characteristics of a plant are recovered that are otherwise presentwhen compared in the same environment, other than occasional varianttraits that might arise during backcrossing or direct introduction of atransgene.FAME analysis. Fatty Acid Methyl Ester analysis is a method that allowsfor accurate quantification of the fatty acids that make up complexlipid classes.Flower bud location. The location of the unopened flower buds relativeto the adjacent opened flowers is useful in distinguishing between thecanola species. The unopened buds are held above the most recentlyopened flowers in B. napus and they are positioned below the mostrecently opened flower buds in B. rapa.Flowering date. This is measured by the number of days from planting tothe stage when 50% of the plants in a population have one or more openflowers. This varies from variety to variety.Fusarium Wilt. Fusarium wilt, largely caused by Fusarium oxysporum, is adisease of canola that causes part or all of a plant to wilt, reducingyield by up to 30% or more on badly affected fields. For purposes ofthis application, resistance to Fusarium wilt is measured using ratingsof “R” (resistant), “MR” (medium resistant), “MS” (moderatelysusceptible) or “S” (susceptible).Gene silencing. Gene silencing means the interruption or suppression ofthe expression of a gene at the level of transcription or translation.Genotype. Refers to the genetic constitution of a cell or organism.Glucosinolates. These are measured in micromoles (μm) of total alipathicglucosinolates per gram of air-dried oil-free meal. The level ofglucosinolates is somewhat influenced by the sulfur fertility of thesoil, but is also controlled by the genetic makeup of each variety andthus can be useful in characterizing varieties.Growth habit. At the end of flowering, the angle relative to the groundsurface of the outermost fully expanded leaf petioles is a varietyspecific trait. This trait can range from erect (very upright along thestem) to prostrate (almost horizontal and parallel with the groundsurface).Leaf attachment to the stem. This trait is especially useful fordistinguishing between the two canola species. The base of the leafblade of the upper stem leaves of B. rapa completely clasp the stemwhereas those of the B. napus only partially clasp the stem. Those ofthe mustard species do not clasp the stem at all.Leaf blade color. The color of the leaf blades is variety specific andcan range from light to medium dark green to blue green.Leaf development of lobes. The leaves on the upper portion of the stemcan show varying degrees of development of lobes which are disconnectedfrom one another along the petiole of the leaf. The degree of lobing isvariety specific and can range from absent (no lobes)/weak through verystrong (abundant lobes).Leaf glaucosity. This refers to the waxiness of the leaves and ischaracteristic of specific varieties although environment can have someeffect on the degree of waxiness. This trait can range from absent (nowaxiness)/weak through very strong. The degree of waxiness can be bestdetermined by rubbing the leaf surface and noting the degree of waxpresent.Leaf indentation of margin. The leaves on the upper portion of the stemcan also show varying degrees of serration along the leaf margins. Thedegree of serration or indentation of the leaf margins can vary fromabsent (smooth margin)/weak to strong (heavy saw-tooth like margin).Leaf pubescence. The leaf pubescence is the degree of hairiness of theleaf surface and is especially useful for distinguishing between thecanola species. There are two main classes of pubescence which areglabrous (smooth/not hairy) and pubescent (hairy) which mainlydifferentiate between the B. napus and B. rapa species, respectively.Leaf surface. The leaf surface can also be used to distinguish betweenvarieties. The surface can be smooth or rugose (lumpy) with varyingdegrees between the two extremes.Linkage. Refers to a phenomenon wherein alleles on the same chromosometend to segregate together more often than expected by chance if theirtransmission was independent.Linkage disequilibrium. Refers to a phenomenon wherein alleles tend toremain together in linkage groups when segregating from parents tooffspring, with a greater frequency than expected from their individualfrequencies.Locus. A locus confers one or more traits such as, for example, malesterility, herbicide tolerance, insect resistance, disease resistance,modified fatty acid metabolism, modified phytic acid metabolism,modified carbohydrate metabolism and modified protein metabolism. Thetrait may be, for example, conferred by a naturally occurring geneintroduced into the genome of the variety by backcrossing, a natural orinduced mutation, or a transgene introduced through genetictransformation techniques. A locus may comprise one or more allelesintegrated at a single chromosomal location.Lodging resistance. Lodging is rated on a scale of 1 to 5. A score of 1indicates erect plants. A score of 5 indicates plants are lying on thegroundMaturity. The maturity of a variety is measured as the number of daysbetween planting and physiological maturity. This is useful trait indistinguishing varieties relative to one another.Oil content. This is measured as percent of the whole dried seed and ischaracteristic of different varieties. It can be determined usingvarious analytical techniques such as NMR, NIR, and Soxhlet extraction.Percent linolenic acid. Percent oil of the seed that is linolenic acid.Percent oleic acid (OLE). Percent oil of the seed that is oleic acid.Percentage of total fatty acids. This is determined by extracting asample of oil from seed, producing the methyl esters of fatty acidspresent in that oil sample and analyzing the proportions of the variousfatty acids in the sample using gas chromatography. The fatty acidcomposition can also be a distinguishing characteristic of a variety.Petal color. The petal color on the first day a flower opens can be adistinguishing characteristic for a variety. It can be white, varyingshades of yellow or orange.Plant. As used herein, the term “plant” includes reference to animmature or mature whole plant, including a plant from which seed orgrain or anthers have been removed. Seed or embryo that will produce theplant is also considered to be the plant.Plant height. This is the height of the plant at the end of flowering ifthe floral branches are extended upright (i.e., not lodged). This variesfrom variety to variety and although it can be influenced byenvironment, relative comparisons between varieties grown side by sideare useful for variety identification.Plant parts. As used herein, the term “plant parts” (or a canola plant,or a part thereof) includes protoplasts, leaves, stems, roots, roottips, anthers, pistils, seed, grain, embryo, pollen, ovules, cotyledon,hypocotyl, pod, flower, shoot, tissue, petiole, cells, meristematiccells and the like.Protein content. This is measured as percent of whole dried seed and ischaracteristic of different varieties. This can be determined usingvarious analytical techniques such as NIR and Kjeldahl.Quantitative trait loci (QTL). Quantitative trait loci (QTL) refer togenetic loci that control to some degree numerically representabletraits that are usually continuously distributed.Regeneration. Regeneration refers to the development of a plant fromtissue culture.Resistance to lodging. This measures the ability of a variety to standup in the field under high yield conditions and severe environmentalfactors. A variety can have good (remains upright), fair, or poor (fallsover) resistance to lodging. The degree of resistance to lodging is notexpressed under all conditions but is most meaningful when there is somedegree of lodging in a field trial.Seed coat color. The color of the seed coat can be variety specific andcan range from black through brown through yellow. Color can also bemixed for some varieties.Seed coat mucilage. This is useful for differentiating between the twospecies of canola with B. rapa varieties having mucilage present intheir seed coats whereas B. napus varieties do not have this present. Itis detected by imbibing seeds with water and monitoring the mucilagethat is exuded by the seed.Seedling growth habit. The rosette consists of the first 2-8 true leavesand a variety can be characterized as having a strong rosette (closelypacked leaves) or a weak rosette (loosely arranged leaves).Silique (pod) habit. This is also a trait which is variety specific andis a measure of the orientation of the pods along the racemes (floweringstems). This trait can range from erect (pods angled close to racemes)through horizontal (pods perpendicular to racemes) through arching (podsshow distinct arching habit).Silique (pod) length of beak. The beak is the segment at the end of thepod which does not contain seed (it is a remnant of the stigma and stylefor the flower). The length of the beak can be variety specific and canrange form short through medium through long.Silique (pod) length of pedicel. The pedicel is the stem that attachesthe pod to the raceme of flowering shoot. The length of the pedicel canbe variety specific and can vary from short through medium through long.Silique (pod) length. This is the length of the fully developed pods andcan range from short to medium to long. It is best used by makingcomparisons relative to reference varieties.Silique (pod) type. This is typically a bilateral single pod for bothspecies of canola and is not really useful for variety identificationwithin these species.Silique (pod) width. This is the width of the fully developed pods andcan range from narrow to medium to wide. It is best used by makingcomparisons relative to reference varieties.Single locus converted (conversion). Single locus converted (conversion)plant refers to plants which are developed by a plant breeding techniquecalled backcrossing, or via genetic engineering, wherein essentially allof the morphological and physiological characteristics of a variety arerecovered in addition to the single locus transferred into the varietyvia the backcrossing technique or via genetic engineering.Stem intensity of anthocyanin coloration. The stems and other organs ofcanola plants can have varying degrees of purple coloration which is dueto the presence of anthocyanin (purple) pigments. The degree ofcoloration is somewhat subject to growing conditions, but varietiestypically show varying degrees of coloration ranging from: absent (nopurple)/very weak to very strong (deep purple coloration).Total saturated (TOTSAT). Total percent oil of the seed of the saturatedfats in the oil including C12:0, C14:0, C16:0, C18:0, C20:0, C22:0 andC24.0.

DETAILED DESCRIPTION OF THE INVENTION

Spring canola variety SCV239377 is a Roundup Ready™ (RT73 transgene)INRA Ogura cytoplasmic male sterile line (commonly referred to as the“A-Line”) used in making spring canola hybrids. It is maintained by thegenetic line SCV651904 (referred to as the “B-Line”). Both weredeveloped by crossing SCV414324 by SCV275625 (both proprietary springcanola inbred lines of Monsanto Technology, LLC) and following pedigreebreeding methodology. At the F₃ generation, the B line was crossed ontoa SCV275625 A line plant (acting as a source of the Ogura cytoplasm).Every subsequent generation of B line selfing, it was also backcrossedinto the Ogura cytoplasm until selection at the F₁₁ and MSCI generationfor the B and A line respectively. Some of the criteria used forselection in various generations include: earliness, standability,disease tolerance, good podding, high combining ability for yield andmoderate total saturated fats.

Canola line SCV239377 is stable and uniform and no off-type plants havebeen exhibited in evaluation. The line has shown uniformity andstability, as described in the following variety descriptioninformation. It has been backcrossed a sufficient number of generationswith careful attention to uniformity of plant type. The line has beenincreased with continued observation for uniformity.

Canola variety SCV239377 has the following morphological and othercharacteristics:

TABLE 1 Phenotypic Description of Variety SCV239377 No. of EnvironmentsSCV239377 SCV275625 SCV595906 Measured Plant Characteristics Days to 50%Flowering 52.5 51.5 51.5 2 Maturity 100 97.5 99 2 Herbicide ResistanceRoundup Ready Roundup Ready Roundup Ready 2 Disease Resistance BlacklegMR MR MR 3 Clubroot S S S 2 Seed Characteristics Seed Coat Color Black 2Seed Weight 3.7 2 (g/1,000 seeds) % Oil Content 44.83 48.09 46.68 2 %Protein Content (as a 47.35 48.99 49.39 2 % of the oil-free meal)Glucosinolates Content 9.57 12.21 11.16 2 (micromoles/gram defattedmeal) Erucic Acid Content 0.0 0.0 0.0 2Public or commercial designations used for the original parent lines:SCV275625 is the female parent of 73-15 RR, 73-45 RR, 73-55 RR, 73-65RR, 74-44 BL and other hybrids.Related art: Canola line SCV239377 is not a parent of any other canolaline commercialized at the time of the patent filing for SCV239377.

This invention is also directed to methods for producing a canola plantby crossing a first parent canola plant with a second parent canolaplant, wherein the first or second canola plant is the canola plant fromthe variety SCV239377. Further, both first and second parent canolaplants may be from the variety SCV239377. Therefore, any methods usingthe variety SCV239377 are part of this invention: selfing, backcrosses,hybrid breeding, and crosses to populations. Any plants produced usingvariety SCV239377 as a parent are within the scope of this invention.

Additional methods include, but are not limited to, expression vectorsintroduced into plant tissues using a direct gene transfer method suchas microprojectile-mediated delivery, DNA injection, electroporation,and the like. More preferably, expression vectors may be introduced intoplant tissues by using either microprojectile-mediated delivery with aballistic device or by using Agrobacterium-mediated transformation.Transformant plants obtained with the protoplasm of the invention areintended to be within the scope of this invention.

The advent of new molecular biological techniques has allowed theisolation and characterization of genetic elements with specificfunctions, such as encoding specific protein products. Scientists in thefield of plant biology developed a strong interest in engineering thegenome of plants to contain and express foreign genetic elements, oradditional, or modified versions of native or endogenous geneticelements in order to alter the traits of a plant in a specific manner.Any DNA sequences, whether from a different species or from the samespecies which are inserted into the genome using transformation, arereferred to herein collectively as “transgenes.” In some embodiments ofthe invention, a transgenic variant of SCV239377 may contain at leastone transgene but could contain at least 1, 2, 3, 4, 5, 6, 7, 8, 9, 10and/or no more than 15, 14, 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, or 2.Over the last fifteen to twenty years, several methods for producingtransgenic plants have been developed, and the present invention alsorelates to transgenic variants of the claimed canola variety SCV239377.

One embodiment of the invention is a process for producing canolavariety SCV239377 further comprising a desired trait, said processcomprising transforming a canola plant of variety SCV239377 with atransgene that confers a desired trait. Another embodiment is theproduct produced by this process. In one embodiment the desired traitmay be one or more of herbicide resistance, insect resistance, diseaseresistance, modified seed yield, modified oil percent, modified proteinpercent, modified lodging resistance or modified fatty acid orcarbohydrate metabolism. The specific gene may be any known in the artor listed herein, including; a polynucleotide conferring resistance toimidazolinone, sulfonylurea, glyphosate, glufosinate, triazine,hydroxyphenylpyruvate dioxygenase inhibitor, protoporphyrinogen oxidaseinhibitor and benzonitrile; a polynucleotide encoding a Bacillusthuringiensis polypeptide, a polynucleotide encoding phytase, FAD-2,FAD-3, galactinol synthase or a raffinose synthetic enzyme; or apolynucleotide conferring resistance to blackleg, white rust or othercommon canola diseases.

Numerous methods for plant transformation have been developed, includingbiological and physical plant transformation protocols, all of which maybe used with this invention. In addition, expression vectors and invitro culture methods for plant cell or tissue transformation andregeneration of plants are available and may be used in conjunction withthe invention.

In an embodiment, a genetic trait which has been engineered into thegenome of a particular canola plant may be moved into the genome ofanother variety using traditional breeding techniques that are wellknown in the plant breeding arts. For example, a backcrossing approachmay be used to move a transgene from a transformed canola variety intoan already developed canola variety, and the resulting backcrossconversion plant would then comprise the transgene(s).

In embodiments, various genetic elements can be introduced into theplant genome using transformation. These elements include any known inthe art, specifically including, but not limited to genes, codingsequences, inducible, constitutive, and tissue specific promoters,enhancing sequences, and signal and targeting sequences.

Plant transformation involves the construction of an expression vectorwhich will function in plant cells. Such a vector comprises DNAcomprising a gene under control of or operatively linked to a regulatoryelement (for example, a promoter). The expression vector may contain oneor more of such operably linked gene/regulatory element combinations.The vector(s) may be in the form of a plasmid, and can be used alone orin combination with other plasmids, to provide transformed canolaplants, using transformation methods as described below to incorporatetransgenes into the genetic material of the canola plant(s).

Expression Vectors for Canola Transformation: Marker Genes

Expression vectors include at least one genetic marker operably linkedto a regulatory element (a promoter, for example) that allowstransformed cells containing the marker to be either recovered bynegative selection, i.e., inhibiting growth of cells that do not containthe selectable marker gene, or by positive selection, i.e., screeningfor the product encoded by the genetic marker. Many commonly usedselectable marker genes for plant transformation are well known in thetransformation arts, and include, for example, genes that code forenzymes that metabolically detoxify a selective chemical agent which maybe an antibiotic or an herbicide, or genes that encode an altered targetwhich is insensitive to the inhibitor. A few positive selection methodsare also known in the art.

One commonly used selectable marker gene for plant transformation is theneomycin phosphotransferase II (nptII) gene which, when under thecontrol of plant regulatory signals, confers resistance to kanamycin.Another commonly used selectable marker gene is the hygromycinphosphotransferase gene which confers resistance to the antibiotichygromycin.

Additional selectable marker genes of bacterial origin that conferresistance to antibiotics include gentamycin acetyl transferase,streptomycin phosphotransferase, aminoglycoside-3′-adenyl transferaseand the bleomycin resistance determinant. Other selectable marker genesconfer resistance to herbicides such as glyphosate, glufosinate orbromoxynil. Selectable marker genes for plant transformation not ofbacterial origin include, for example, mouse dihydrofolate reductase,plant 5-enolpyruvylshikimate-3-phosphate synthase and plant acetolactatesynthase.

Another class of marker genes for plant transformation requiresscreening of presumptively transformed plant cells rather than directgenetic selection of transformed cells for resistance to a toxicsubstance such as an antibiotic. These genes are particularly useful toquantify or visualize the spatial pattern of expression of a gene inspecific tissues and are frequently referred to as reporter genesbecause they can be fused to a gene or gene regulatory sequence for theinvestigation of gene expression. Commonly used genes for screeningpresumptively transformed cells include β-glucuronidase (GUS),β-galactosidase, luciferase and chloramphenicol acetyltransferase. Anyof the above, or other marker genes, may be utilized in the presentinvention.

In vivo methods for visualizing GUS activity that do not requiredestruction of plant tissue are available and can be used in embodimentsof the invention. Additionally, Green Fluorescent Protein (GFP) can beutilized as a marker for gene expression in prokaryotic and eukaryoticcells. GFP and mutants of GFP may be used as screenable markers.

Expression Vectors for Canola Transformation: Promoters

Genes included in expression vectors must be driven by a nucleotidesequence comprising a regulatory element, for example, a promoter.Several types of promoters are well known in the transformation arts, asare other regulatory elements that can be used alone or in combinationwith promoters.

As used herein, “promoter” includes reference to a region of DNAupstream from the start of transcription and involved in recognition andbinding of RNA polymerase and other proteins to initiate transcription.A “plant promoter” is a promoter capable of initiating transcription inplant cells. Examples of promoters under developmental control includepromoters that preferentially initiate transcription in certain tissues,such as leaves, roots, seeds, fibers, xylem vessels, tracheids, orsclerenchyma. Such promoters are referred to as “tissue-preferred”.Promoters which initiate transcription only in certain tissues arereferred to as “tissue-specific”. A “cell type” specific promoterprimarily drives expression in certain cell types in one or more organs,for example, vascular cells in roots or leaves. An “inducible” promoteris a promoter which is under environmental control. Examples ofenvironmental conditions that may effect transcription by induciblepromoters include anaerobic conditions or the presence of light.Tissue-specific, tissue-preferred, cell type specific, and induciblepromoters constitute the class of “non-constitutive” promoters. A“constitutive” promoter is a promoter which is active under mostenvironmental conditions.

A. Inducible Promoters—An inducible promoter is operably linked to agene for expression in canola. Optionally, the inducible promoter isoperably linked to a nucleotide sequence encoding a signal sequencewhich is operably linked to a gene for expression in canola. With aninducible promoter the rate of transcription increases in response to aninducing agent.

Any inducible promoter can be used in the instant invention. Exemplaryinducible promoters include, but are not limited to, those from the ACEIsystem which respond to copper, the In2 gene from maize which respondsto benzenesulfonamide herbicide safeners, or the Tet repressor fromTn10. A particularly preferred inducible promoter is a promoter thatresponds to an inducing agent to which plants do not normally respond.An exemplary inducible promoter is the inducible promoter from a steroidhormone gene, the transcriptional activity of which is induced by aglucocorticosteroid hormone.

B. Constitutive Promoters—A constitutive promoter is operably linked toa gene for expression in canola or the constitutive promoter is operablylinked to a nucleotide sequence encoding a signal sequence which isoperably linked to a gene for expression in canola.

Many different constitutive promoters can be utilized in the instantinvention. Exemplary constitutive promoters include, but are not limitedto, the promoters from plant viruses such as the 35S promoter from CaMVand the promoters from such genes as rice actin, ubiquitin, pEMU, MAS,and maize H3 histone. The ALS promoter, Xbal/Ncol fragment 5′ to theBrassica napus ALS3 structural gene (or a nucleotide sequence similarityto said Xbal/Ncol fragment) could also be utilized herein.

C. Tissue-specific or Tissue-preferred Promoters—A tissue-specificpromoter is operably linked to a gene for expression in canola.Optionally, the tissue-specific promoter is operably linked to anucleotide sequence encoding a signal sequence which is operably linkedto a gene for expression in canola. Plants transformed with a gene ofinterest operably linked to a tissue-specific promoter produce theprotein product of the transgene exclusively, or preferentially, in aspecific tissue.

Any tissue-specific or tissue-preferred promoter can be utilized in theinstant invention. Exemplary tissue-specific or tissue-preferredpromoters include, but are not limited to, a root-preferred promotersuch as that from the phaseolin gene, a leaf-specific and light-inducedpromoter such as that from cab or rubisco, an anther-specific promotersuch as that from LAT52, a pollen-specific promoter such as that fromZm13, or a microspore-preferred promoter such as that from apg.

Signal Sequences for Targeting Proteins to Subcellular Compartments

Transport of protein produced by transgenes to a subcellular compartmentsuch as the chloroplast, vacuole, peroxisome, glyoxysome, cell wall ormitochondrion or for secretion into the apoplast, is accomplished bymeans of operably linking the nucleotide sequence encoding a signalsequence to the 5′ and/or 3′ region of a gene encoding the protein ofinterest. Targeting sequences at the 5′ and/or 3′ end of the structuralgene may determine, during protein synthesis and processing, where theencoded protein is ultimately compartmentalized. The presence of asignal sequence directs a polypeptide to either an intracellularorganelle or subcellular compartment or for secretion to the apoplast.Many signal sequences are known in the art and can be utilized in thepresent invention.

Foreign Protein Genes and Agronomic Genes

With transgenic plants according to the present invention, a foreignprotein can be produced in commercial quantities. Thus, techniques forthe selection and propagation of transformed plants, which are wellunderstood in the art, are within the scope of the invention. In anembodiment, a foreign protein then can be extracted from a tissue ofinterest or from the total biomass by known methods.

According to a preferred embodiment, the transgenic plant provided forcommercial production of foreign protein is a canola plant. In anotherpreferred embodiment, the biomass of interest is seed. For therelatively small number of transgenic plants that show higher levels ofexpression, a genetic map can be generated, primarily via conventionalRFLP, PCR and SSR analysis, which identifies the approximate chromosomallocation of the integrated DNA molecule. Map information concerningchromosomal location is useful for proprietary protection of a subjecttransgenic plant. If unauthorized propagation is undertaken and crossesare made with other germplasm, the map of the integration region can becompared to similar maps for suspect plants, to determine if the latterhave a common parentage with the subject plant. Map comparisons wouldinvolve hybridizations, RFLP, PCR, SSR and sequencing, all of which areconventional techniques. SNPs may also be used alone or in combinationwith other techniques.

Likewise, by means of the present invention, plants can be geneticallyengineered to express various phenotypes of agronomic interest. Throughthe transformation of canola, the expression of genes can be altered toenhance disease resistance, insect resistance, herbicide resistance,agronomic, grain quality and other traits. Transformation can also beused to insert DNA sequences which control, or help control,male-sterility. DNA sequences native to canola, as well as non-nativeDNA sequences, can be transformed into canola and used to alter levelsof native or non-native proteins. Various promoters, targetingsequences, enhancing sequences, and other DNA sequences can be insertedinto the genome for the purpose of altering the expression of proteins.Reduction of the activity of specific genes (also known as genesilencing, or gene suppression) is desirable for several aspects ofgenetic engineering in plants.

Many techniques for gene silencing are well known to one of skill in theart, including but not limited to knock-outs (such as by insertion of atransposable element such as Mu or other genetic elements such as a FRT,Lox or other site specific integration site), antisense technology,co-suppression, RNA interference, virus-induced gene silencing,target-RNA-specific ribozymes, hairpin structures, MicroRNA, ribozymes,oligonucleotide-mediated targeted modification, Zn-finger targetedmolecules, and other methods or combinations of the above methods knownto those of skill in the art.

Likewise, by means of the present invention, agronomic genes can beexpressed in transformed plants. More particularly, plants can begenetically engineered to express various phenotypes of agronomicinterest. Exemplary genes implicated in this regard include, but are notlimited to, those categorized below:

1. Genes that Confer Resistance to Pests or Disease and that Encode:

A. Plant disease resistance genes. Plant defences are often activated byspecific interaction between the product of a disease resistance gene(R) in the plant and the product of a corresponding avirulence (Avr)gene in the pathogen. A plant variety can be transformed with clonedresistance genes to engineer plants that are resistant to specificpathogen strains.

B. A gene conferring resistance to fungal pathogens, such as oxalateoxidase or oxalate decarboxylase.

C. A Bacillus thuringiensis protein, a derivative thereof, or asynthetic polypeptide modeled thereon, for example, a Bt δ-endotoxingene.

D. A lectin.

E. A vitamin-binding protein such as avidin or a homolog.

F. An enzyme inhibitor, for example, a protease or proteinase inhibitoror an amylase inhibitor.

G. An insect-specific hormone or pheromone such as an ecdysteroid orjuvenile hormone, a variant thereof, a mimetic based thereon, or anantagonist or agonist thereof.

H. An insect-specific peptide or neuropeptide which, upon expression,disrupts the physiology of the affected pest.

I. An insect-specific venom produced in nature by a snake, a wasp, etc.

J. An enzyme responsible for a hyperaccumulation of a monoterpene, asesquiterpene, a steroid, hydroxamic acid, a phenylpropanoid derivativeor another non-protein molecule with insecticidal activity.

K. An enzyme involved in the modification, including thepost-translational modification, of a biologically active molecule; forexample, a glycolytic enzyme, a proteolytic enzyme, a lipolytic enzyme,a nuclease, a cyclase, a transaminase, an esterase, a hydrolase, aphosphatase, a kinase, a phosphorylase, a polymerase, an elastase, achitinase and a glucanase, whether natural or synthetic.

L. A molecule that stimulates signal transduction.

M. A hydrophobic moment peptide.

N. A membrane permease, a channel former or a channel blocker.

O. A viral-invasive protein or a complex toxin derived therefrom. Forexample, the accumulation of viral coat proteins in transformed plantcells imparts resistance to viral infection and/or disease developmenteffected by the virus from which the coat protein gene is derived, aswell as by related viruses. Coat protein-mediated resistance has beenconferred upon transformed plants against alfalfa mosaic virus, cucumbermosaic virus, tobacco streak virus, potato virus X, potato virus Y,tobacco etch virus, tobacco rattle virus and tobacco mosaic virus.

P. An insect-specific antibody or an immunotoxin derived therefrom. Anantibody targeted to a critical metabolic function in the insect gutwould inactivate an affected enzyme, killing the insect.

Q. A virus-specific antibody.

R. A developmental-arrestive protein produced in nature by a pathogen ora parasite. Thus, fungal endo-α-1, 4-D-polygalacturonases facilitatefungal colonization and plant nutrient release by solubilizing plantcell wall homo-α-1, 4-D-galacturonase.

S. A developmental-arrestive protein produced in nature by a plant.

T. Genes involved in the Systemic Acquired Resistance (SAR) Responseand/or the pathogenesis-related genes.

U. Antifungal genes.

V. Detoxification genes, such as for fumonisin, beauvericin,moniliformin and zearalenone and their structurally related derivatives.

W. Cystatin and cysteine proteinase inhibitors.

X. Defensin genes.

Y. Genes that confer resistance to Phytophthora root rot, such as theBrassica equivalents of the Rps 1, Rps 1-a, Rps 1-b, Rps 1-c, Rps 1-d,Rps 1-e, Rps 1-k, Rps 2, Rps 3-a, Rps 3-b, Rps 3-c, Rps 4, Rps 5, Rps 6,Rps 7 and other Rps genes.

2. Genes that Confer Resistance to an Herbicide, for Example:

A. An herbicide that inhibits the growing point or meristem, such as animidazolinone or a sulfonylurea.

B. Glyphosate (resistance conferred by mutant5-enolpyruvylshikimate-3-phosphate synthase (EPSP) and aroA genes,respectively) and other phosphono compounds such as glufosinate(phosphinothricin acetyl transferase (PAT) and Streptomyceshygroscopicus PAT bar genes), and pyridinoxy or phenoxy propionic acidsand cyclohexanediones (ACCase inhibitor-encoding genes). Glyphosateresistance is also imparted to plants that express a gene that encodes aglyphosate oxido-reductase enzyme. In addition glyphosate resistance canbe imparted to plants by the over expression of genes encodingglyphosate N-acetyltransferase. Nucleotide sequences of glutaminesynthetase genes which confer resistance to herbicides such asL-phosphinothricin are known and can be used herein. The nucleotidesequence of a PAT gene is also known and can be used. Exemplary of genesconferring resistance to phenoxy propionic acids and cyclohexanediones,such as sethoxydim and haloxyfop are the Accl-S1, Accl-S2 and Accl-S3genes.

C. An herbicide that inhibits photosynthesis, such as a triazine (psbAand gs+ genes) and a benzonitrile (nitrilase gene). The transformationof Chlamydomonas with plasmids encoding mutant psbA genes are known andcan be used.

D. Acetohydroxy acid synthase, which has been found to make plants thatexpress this enzyme resistant to multiple types of herbicides. Othergenes that confer tolerance to herbicides include a gene encoding achimeric protein of rat cytochrome P4507A1 and yeast NADPH-cytochromeP450 oxidoreductase, genes for glutathione reductase and superoxidedismutase, and genes for various phosphotransferases.

E. Protoporphyrinogen oxidase (protox), which is necessary for theproduction of chlorophyll. The protox enzyme serves as the target for avariety of herbicidal compounds. These herbicides also inhibit growth ofall the different species of plants present, causing their totaldestruction.

3. Genes that Confer or Contribute to a Value-Added Trait, Such as:

A. Modified fatty acid metabolism, for example, by transforming a plantwith an antisense gene of stearyl-ACP desaturase to increase stearicacid content of the plant.

B. Decreased phytate content. Introduction of a phytase-encoding gene,such as Aspergillus niger phytase gene, may enhance breakdown ofphytate, adding more free phosphate to the transformed plant.Alternatively, a gene could be introduced that reduces phytate content.In maize for example, this could be accomplished by cloning and thenreintroducing DNA associated with the single allele which is responsiblefor maize mutants characterized by low levels of phytic acid.

C. Modified carbohydrate composition effected, for example, bytransforming plants with a gene coding for an enzyme that alters thebranching pattern of starch, or, a gene altering thioredoxin such as NTRand/or TRX and/or a gamma zein knock out or mutant such as cs27 orTUSC27 or en27. Any known fatty acid modification genes may also be usedto affect starch content and/or composition through theinterrelationship of the starch and oil pathways.

D. Elevated oleic acid via FAD-2 gene modification and/or decreasedlinolenic acid via FAD-3 gene modification.

E. Altering conjugated linolenic or linoleic acid content. AlteringLEC1, AGP, Dek1, Superal1, mi1ps, various Ipa genes such as Ipa1, Ipa3,hpt or hggt.

F. Altered antioxidant content or composition, such as alteration oftocopherol or tocotrienols. In an embodiment, antioxidant levels may bemanipulated through alteration of a phytl prenyl transferase (ppt) orthrough alteration of a homogentisate geranyl geranyl transferase(hggt).

G. Altered essential seed amino acids.

4. Genes that Control Male Sterility

There are several methods of conferring genetic male sterility availableand within the scope of the invention. As one example, nuclear malesterility may be accomplished by identifying a gene which is critical tomale fertility, silencing this native gene which is critical to malefertility, removing the native promoter from the essential malefertility gene and replacing it with an inducible promoter, insertingthis genetically engineered gene back into the plant, and thus creatinga plant that is male sterile because the inducible promoter is not “on,”resulting in the male fertility gene not being transcribed. Fertility isrestored by inducing, or turning “on”, the promoter, which in turnallows the gene that confers male fertility to be transcribed. Otherpossible examples include the introduction of a deacetylase gene underthe control of a tapetum-specific promoter and with the application ofthe chemical N—Ac-PPT, the introduction of various stamen-specificpromoters, or the introduction of the barnase and the barstar genes.

5. Genes that Create a Site for Site Specific DNA Integration.

This may include the introduction of FRT sites that may be used in theFLP/FRT system and/or Lox sites that may be used in the Cre/Loxp system.Other systems that may be used include the Gin recombinase of phage Mu,the Pin recombinase of E. coli, and the R/RS system of the pSR1 plasmid.

6. Genes that Affect Abiotic Stress Resistance (Including but notLimited to Flowering, Pod and Seed Development, Enhancement of NitrogenUtilization Efficiency, Altered Nitrogen Responsiveness, DroughtResistance or Tolerance, Cold Resistance or Tolerance, and SaltResistance or Tolerance) and Increased Yield Under Stress.

Genes and transcription factors that affect plant growth and agronomictraits such as yield, flowering, plant growth and/or plant structure,can be introduced or introgressed into plants.

Methods for Canola Transformation

Numerous methods for plant transformation have been developed, includingbiological and physical plant transformation protocols. In addition,expression vectors and in vitro culture methods for plant cell or tissuetransformation and regeneration of plants are available.

A. Agrobacterium-mediated Transformation—One method for introducing anexpression vector into plants is based on the natural transformationsystem of Agrobacterium. A. tumefaciens and A. rhizogenes are plantpathogenic soil bacteria which genetically transform plant cells. The Tiand Ri plasmids of A. tumefaciens and A. rhizogenes, respectively, carrygenes responsible for genetic transformation of the plant. Agrobacteriumvector systems and methods for Agrobacterium-mediated gene transfer canbe used in the present invention.

B. Direct Gene Transfer—Several methods of plant transformation,collectively referred to as direct gene transfer, have been developed asan alternative to Agrobacterium-mediated transformation. A generallyapplicable method of plant transformation is microprojectile-mediatedtransformation wherein DNA is carried on the surface of microprojectilesmeasuring 1 to 4 μm. The expression vector is introduced into planttissues with a ballistic device that accelerates the microprojectiles tospeeds of 300 to 600 m/s which is sufficient to penetrate plant cellwalls and membranes. Another method for physical delivery of DNA toplants is sonication of target cells, which may be used herein.Alternatively, liposome and spheroplast fusion may be used to introduceexpression vectors into plants. Direct uptake of DNA into protoplastsusing CaCl₂ precipitation, polyvinyl alcohol or poly-L-ornithine mayalso be useful. Electroporation of protoplasts and whole cells andtissues may also be utilized.

Following transformation of canola target tissues, expression of theabove-described selectable marker genes allows for preferentialselection of transformed cells, tissues and/or plants, usingregeneration and selection methods well known in the art.

The foregoing methods for transformation would typically be used forproducing a transgenic variety. The transgenic variety could then becrossed with another (non-transformed or transformed) variety in orderto produce a new transgenic variety. Alternatively, a genetic traitwhich has been engineered into a particular canola variety using theforegoing transformation techniques could be moved into another varietyusing traditional backcrossing techniques that are well known in theplant breeding arts. For example, a backcrossing approach could be usedto move an engineered trait from a public, non-elite variety into anelite variety, or from a variety containing a foreign gene in its genomeinto a variety or varieties which do not contain that gene. As usedherein, “crossing” can refer to a simple X by Y cross, or the process ofbackcrossing, depending on the context.

Genetic Marker Profile Through SSR and First Generation Progeny

In addition to phenotypic observations, a plant can also be identifiedby its genotype. The genotype of a plant can be characterized through agenetic marker profile which can identify plants of the same variety ora related variety or be used to determine or validate a pedigree.Genetic marker profiles can be obtained by techniques such asRestriction Fragment Length Polymorphisms (RFLPs), Randomly AmplifiedPolymorphic DNAs (RAPDs), Arbitrarily Primed Polymerase Chain Reaction(AP-PCR), DNA Amplification Fingerprinting (DAF), Sequence CharacterizedAmplified Regions (SCARs), Amplified Fragment Length Polymorphisms(AFLPs), Simple Sequence Repeats (SSRs) which are also referred to asMicrosatellites, and Single Nucleotide Polymorphisms (SNPs).

Particular markers used for these purposes are not limited to anyparticular set of markers, but are envisioned to include any type ofmarker and marker profile which provides a means of distinguishingvarieties. One method of comparison is to use only homozygous loci forSCV239377.

In addition to being used for identification of canola variety SCV239377and plant parts and plant cells of variety SCV239377, the geneticprofile may be used to identify a canola plant produced through the useof SCV239377 or to verify a pedigree for progeny plants produced throughthe use of SCV239377. The genetic marker profile is also useful inbreeding and developing backcross conversions.

The present invention comprises a canola plant characterized bymolecular and physiological data obtained from the representative sampleof said variety deposited with the American Type Culture Collection(ATCC). Further provided by the invention is a canola plant formed bythe combination of the disclosed canola plant or plant cell with anothercanola plant or cell and comprising the homozygous alleles of thevariety.

Means of performing genetic marker profiles using SSR polymorphisms arewell known in the art. SSRs are genetic markers based on polymorphismsin repeated nucleotide sequences, such as microsatellites. A markersystem based on SSRs can be highly informative in linkage analysisrelative to other marker systems in that multiple alleles may bepresent. Another advantage of this type of marker is that, through useof flanking primers, detection of SSRs can be achieved, for example, bythe polymerase chain reaction (PCR), thereby eliminating the need forlabor-intensive Southern hybridization. The PCR detection is done by useof two oligonucleotide primers flanking the polymorphic segment ofrepetitive DNA. Repeated cycles of heat denaturation of the DNA followedby annealing of the primers to their complementary sequences at lowtemperatures, and extension of the annealed primers with DNA polymerase,comprise the major part of the methodology.

Following amplification, markers can be scored by electrophoresis of theamplification products. Scoring of marker genotype is based on the sizeof the amplified fragment, which may be measured by the number of basepairs of the fragment. While variation in the primer used or inlaboratory procedures can affect the reported fragment size, relativevalues should remain constant regardless of the specific primer orlaboratory used. When comparing varieties it is preferable if all SSRprofiles are performed in the same lab.

The SSR profile of canola plant SCV239377 can be used to identify plantscomprising SCV239377 as a parent, since such plants will comprise thesame homozygous alleles as SCV239377. Because the canola variety isessentially homozygous at all relevant loci, most loci should have onlyone type of allele present. In contrast, a genetic marker profile of anF₁ progeny should be the sum of those parents, e.g., if one parent washomozygous for allele x at a particular locus, and the other parenthomozygous for allele y at that locus, then the F₁ progeny will be xy(heterozygous) at that locus. Subsequent generations of progeny producedby selection and breeding are expected to be of genotype x (homozygous),y (homozygous), or xy (heterozygous) for that locus position. When theF₁ plant is selfed or sibbed for successive filial generations, thelocus should be either x or y for that position.

In addition, plants and plant parts substantially benefiting from theuse of SCV239377 in their development, such as SCV239377 comprising abackcross conversion, transgene, or genetic sterility factor, may beidentified by having a molecular marker profile with a high percentidentity to SCV239377. Such a percent identity might be 95%, 96%, 97%,98%, 99%, 99.5% or 99.9% identical to SCV239377.

The SSR profile of SCV239377 also can be used to identify essentiallyderived varieties and other progeny varieties developed from the use ofSCV239377, as well as cells and other plant parts thereof. Progenyplants and plant parts produced using SCV239377 may be identified byhaving a molecular marker profile of at least 25%, 30%, 35%, 40%, 45%,50%, 55%, 60%, 65%, 70%, 75%, 76%, 77%, 78%, 79%, 80%, 81%, 82%, 83%,84%, 85%, 86%, 87%, 88%, 89%, 90%, 91%, 92%, 93%, 94%, 95%, 96%, 97%,98%, 99% or 99.5% genetic contribution from canola variety, as measuredby either percent identity or percent similarity. Such progeny may befurther characterized as being within a pedigree distance of SCV239377,such as within 1, 2, 3, 4 or 5 or less cross-pollinations to a canolaplant other than SCV239377 or a plant that has SCV239377 as aprogenitor. Unique molecular profiles may be identified with othermolecular tools such as SNPs and RFLPs.

While determining the SSR genetic marker profile of the plants describedsupra, several unique SSR profiles may also be identified which did notappear in either parent of such plant. Such unique SSR profiles mayarise during the breeding process from recombination or mutation. Acombination of several unique alleles provides a means of identifying aplant variety, an F₁ progeny produced from such variety, and progenyproduced from such variety.

Single-Gene Conversions

When the term “canola plant” is used in the context of the presentinvention, this also includes any single gene conversions of thatvariety. The term single gene converted plant as used herein refers tothose canola plants which are developed by backcrossing, whereinessentially all of the morphological and physiological characteristicsof a variety are recovered in addition to the single gene transferredinto the variety via the backcrossing technique. Backcrossing methodscan be used with the present invention to improve or introduce acharacteristic into the variety. A hybrid progeny may be backcrossed tothe recurrent parent 1, 2, 3, 4, 5, 6, 7, 8 or more times as part ofthis invention. The parental canola plant that contributes the gene forthe desired characteristic is termed the nonrecurrent or donor parent.This terminology refers to the fact that the nonrecurrent parent is usedone time in the backcross protocol and therefore does not recur. Theparental canola plant to which the gene or genes from the nonrecurrentparent are transferred is known as the recurrent parent as it is usedfor several rounds in the backcrossing protocol. In a typical backcrossprotocol, the original variety of interest (recurrent parent) is crossedto a second variety (nonrecurrent parent) that carries the single geneof interest to be transferred. The resulting progeny from this cross arethen crossed again to the recurrent parent and the process is repeateduntil a canola plant is obtained wherein essentially all of themorphological and physiological characteristics of the recurrent parentare recovered in the converted plant, in addition to the singletransferred gene from the nonrecurrent parent.

The selection of a suitable recurrent parent is an important step for asuccessful backcrossing procedure. The goal of a backcross protocol isto alter or substitute a single trait or characteristic in the originalvariety. To accomplish this, a single gene of the recurrent variety ismodified or substituted with the desired gene from the nonrecurrentparent, while retaining essentially all of the rest of the desiredgenetic, and therefore the morphological and physiological, constitutionof the original variety. The choice of the particular nonrecurrentparent will depend on the purpose of the backcross; one of the majorpurposes is to add some agronomically important trait to the plant. Theexact backcrossing protocol will depend on the characteristic or traitbeing altered to determine an appropriate testing protocol. Althoughbackcrossing methods are simplified when the characteristic beingtransferred is a dominant allele, a recessive allele may also betransferred. In this instance it may be necessary to introduce a test ofthe progeny to determine if the desired characteristic has beensuccessfully transferred.

Many single gene traits have been identified that are not regularlyselected for in the development of a new variety but that can beimproved by backcrossing techniques. Single gene traits may or may notbe transgenic; examples of these traits include but are not limited to,male sterility, waxy starch, herbicide resistance, resistance forbacterial, fungal, or viral disease, insect resistance, male fertility,enhanced nutritional quality, industrial usage, yield stability andyield enhancement. These genes are generally inherited through thenucleus.

Introduction of a New Trait or Locus into SCV239377

Variety SCV239377 represents a new base genetic variety into which a newlocus or trait may be introgressed. Direct transformation andbackcrossing represent two methods that can be used to accomplish suchan introgression. The term backcross conversion and single locusconversion are used interchangeably to designate the product of abackcrossing program.

Backcross Conversions of SCV239377

A backcross conversion of SCV239377 may occur when DNA sequences areintroduced through backcrossing with SCV239377 utilized as the recurrentparent. Both naturally occurring and transgenic DNA sequences may beintroduced through backcrossing techniques. Molecular marker assistedbreeding or selection may be utilized to reduce the number ofbackcrosses necessary to achieve the backcross conversion.

The complexity of the backcross conversion method depends on the type oftrait being transferred (single genes or closely linked genes as vs.unlinked genes), the level of expression of the trait, the type ofinheritance (cytoplasmic or nuclear) and the types of parents includedin the cross. It is understood by those of ordinary skill in the artthat for single gene traits that are relatively easy to classify, thebackcross method is effective and relatively easy to manage. Desiredtraits that may be transferred through backcross conversion include, butare not limited to, sterility (nuclear and cytoplasmic), fertilityrestoration, nutritional enhancements, drought tolerance, nitrogenutilization, altered fatty acid profile, altered seed amino acid levels,altered seed oil levels, low phytate, industrial enhancements, diseaseresistance (bacterial, fungal or viral), insect resistance and herbicideresistance. In addition, an introgression site itself, such as an FRTsite, Lox site or other site specific integration site, may be insertedby backcrossing and utilized for direct insertion of one or more genesof interest into a specific plant variety. A single locus may containseveral transgenes, such as a transgene for disease resistance that, inthe same expression vector, also contains a transgene for herbicideresistance. The gene for herbicide resistance may be used as aselectable marker and/or as a phenotypic trait. A single locusconversion of site specific integration system allows for theintegration of multiple genes at the converted loci.

The backcross conversion may result from either the transfer of adominant allele or a recessive allele. Selection of progeny containingthe trait of interest is accomplished by direct selection for a traitassociated with a dominant allele. Transgenes transferred viabackcrossing typically function as a dominant single gene trait and arerelatively easy to classify. Selection of progeny for a trait that istransferred via a recessive allele requires growing and selfing thefirst backcross generation to determine which plants carry the recessivealleles. Recessive traits may require additional progeny testing insuccessive backcross generations to determine the presence of the locusof interest. The last backcross generation is usually selfed to givepure breeding progeny for the gene(s) being transferred, although abackcross conversion with a stably introgressed trait may also bemaintained by further backcrossing to the recurrent parent withselection for the converted trait.

Along with selection for the trait of interest, progeny are selected forthe phenotype of the recurrent parent. The backcross is a form ofinbreeding, and the features of the recurrent parent are automaticallyrecovered after successive backcrosses. As noted above, the number ofbackcrosses necessary can be reduced with the use of molecular markers.Other factors, such as a genetically similar donor parent, may alsoreduce the number of backcrosses necessary. As noted, backcrossing iseasiest for simply inherited, dominant and easily recognized traits.

One process for adding or modifying a trait or locus in canola varietySCV239377 comprises crossing plants of canola variety SCV239377 grownfrom canola variety SCV239377 seed with plants of another canola varietythat comprise the desired trait or locus, selecting F₁ progeny plantsthat comprise the desired trait or locus to produce selected F₁ progenyplants, crossing the selected progeny plants with plants of canolavariety SCV239377 to produce backcross progeny plants that have thedesired trait or locus; and backcrossing to SCV239377 three or moretimes in succession to produce selected fourth or higher backcrossprogeny plants that comprise said trait or locus. The modified SCV239377may be further characterized as having essentially all of themorphological and physiological characteristics of canola varietySCV239377 listed in Table 1 and/or may be characterized by percentsimilarity or identity to SCV239377 as determined by SSR markers. Theabove method may be utilized with fewer backcrosses in appropriatesituations, such as when the donor parent is highly related or markersare used in the selection step. Desired traits that may be used includethose nucleic acids known in the art, some of which are listed herein,that will affect traits through nucleic acid expression or inhibition.Desired loci include the introgression of FRT, Lox and other sites forsite specific integration, which may also affect a desired trait if afunctional nucleic acid is inserted at the integration site.

In addition, the above process and other similar processes describedherein may be used to produce first generation progeny canola seed byadding a step at the end of the process that comprises crossingSCV239377 with the introgressed trait or locus with a different canolaplant and harvesting the resultant first generation progeny canola seed.

Tissue Culture of Canola

Further production of the SCV239377 variety can occur by tissue cultureand regeneration. Culture of various tissues of canola and regenerationof plants therefrom is known and widely published. Thus, another aspectof this invention is to provide cells which upon growth anddifferentiation produce canola plants having the physiological andmorphological characteristics of canola variety SCV239377.

As used herein, the term “tissue culture” indicates a compositioncomprising isolated cells of the same or a different type or acollection of such cells organized into parts of a plant. Exemplarytypes of tissue cultures are protoplasts, calli, plant clumps, and plantcells that can generate tissue culture that are intact in plants orparts of plants, such as embryos, pollen, flowers, seeds, pods, leaves,stems, roots, root tips, anthers, pistils and the like. Means forpreparing and maintaining plant tissue culture are well known in theart. Tissue culture comprising organs can be used in the presentinvention to produce regenerated plants.

Using SCV239377 to Develop Other Canola Varieties

Canola varieties such as SCV239377 are typically developed for use inseed and grain production. However, canola varieties such as SCV239377also provide a source of breeding material that may be used to developnew canola varieties. Plant breeding techniques known in the art andused in a canola plant breeding program include, but are not limited to,recurrent selection, mass selection, bulk selection, mass selection,backcrossing, pedigree breeding, open pollination breeding, restrictionfragment length polymorphism enhanced selection, genetic marker enhancedselection, making double haploids, and transformation. Oftencombinations of these techniques are used. The development of canolavarieties in a plant breeding program requires, in general, thedevelopment and evaluation of homozygous varieties.

Additional Breeding Methods

This invention is directed to methods for producing a canola plant bycrossing a first parent canola plant with a second parent canola plantwherein either the first or second parent canola plant is varietySCV239377. The other parent may be any other canola plant, such as acanola plant that is part of a synthetic or natural population. Any suchmethods using canola variety SCV239377 are part of this invention:selfing, sibbing, backcrosses, mass selection, pedigree breeding, bulkselection, hybrid production, crosses to populations, and the like.These methods are well known in the art and some of the more commonlyused breeding methods are described below.

The following describes breeding methods that may be used with canolavariety SCV239377 in the development of further canola plants. One suchembodiment is a method for developing a variety SCV239377 progeny canolaplant in a canola plant breeding program comprising: obtaining thecanola plant, or a part thereof, of variety SCV239377 utilizing saidplant or plant part as a source of breeding material and selecting acanola variety SCV239377 progeny plant with molecular markers in commonwith variety SCV239377 and/or with morphological and/or physiologicalcharacteristics selected from the characteristics listed in Table 1.Breeding steps that may be used in the canola plant breeding programinclude pedigree breeding, backcrossing, mutation breeding, andrecurrent selection. In conjunction with these steps, techniques such asRFLP-enhanced selection, genetic marker enhanced selection (for exampleSSR markers) and the making of double haploids may be utilized.

Another method involves producing a population of canola varietySCV239377 progeny canola plants, comprising crossing variety SCV239377with another canola plant, thereby producing a population of canolaplants, which, on average, derive 50% of their alleles from canolavariety SCV239377. A plant of this population may be selected andrepeatedly selfed or sibbed with a canola variety resulting from thesesuccessive filial generations. One embodiment of this invention is thecanola variety produced by this method and that has obtained at least50% of its alleles from canola variety SCV239377.

One of ordinary skill in the art of plant breeding would know how toevaluate the traits of two plant varieties to determine if there is nosignificant difference between the two traits expressed by thosevarieties. Thus the invention includes canola variety SCV239377 progenycanola plants comprising a combination of at least two variety SCV239377traits selected from the group consisting of those listed in Table 1 orthe variety SCV239377 combination of traits listed in the Summary of theInvention, so that said progeny canola plant is not significantlydifferent for said traits than canola variety SCV239377 as determined atthe 5% significance level when grown in the same environmentalconditions. Using techniques described herein, molecular markers may beused to identify said progeny plant as a canola variety SCV239377progeny plant. Mean trait values may be used to determine whether traitdifferences are significant, and preferably the traits are measured onplants grown under the same environmental conditions. Once such avariety is developed its value is substantial since it is important toadvance the germplasm base as a whole in order to maintain or improvetraits such as yield, disease resistance, pest resistance, and plantperformance in extreme environmental conditions.

Progeny of canola variety SCV239377 may also be characterized throughtheir filial relationship with canola variety SCV239377, as for example,being within a certain number of breeding crosses of canola varietySCV239377. A breeding cross is a cross made to introduce new geneticsinto the progeny, and is distinguished from a cross, such as a self or asib cross, made to select among existing genetic alleles. The lower thenumber of breeding crosses in the pedigree, the closer the relationshipbetween canola variety SCV239377 and its progeny. For example, progenyproduced by the methods described herein may be within 1, 2, 3, 4 or 5breeding crosses of canola variety SCV239377.

As used herein, the term “plant” includes plant cells, plantprotoplasts, plant cell tissue cultures from which canola plants can beregenerated, plant calli, plant clumps, and plant cells that are intactin plants or parts of plants, such as embryos, pollen, ovules, flowers,pods, leaves, roots, root tips, anthers, cotyledons, hypocotyls,meristematic cells, stems, pistils, petiole, and the like.

Pedigree Breeding

Pedigree breeding starts with the crossing of two genotypes, such asSCV239377 and another canola variety having one or more desirablecharacteristics that is lacking or which complements SCV239377. If thetwo original parents do not provide all the desired characteristics,other sources can be included in the breeding population. In thepedigree method, superior plants are selfed and selected in successivefilial generations. In the succeeding filial generations theheterozygous condition gives way to homogeneous varieties as a result ofself-pollination and selection. Typically in the pedigree method ofbreeding, five or more successive filial generations of selfing andselection is practiced: F₁ to F₂; F₂ to F₃; F₃ to F₄; F₄ to F₅, etc.After a sufficient amount of inbreeding, successive filial generationswill serve to increase seed of the developed variety. Preferably, thedeveloped variety comprises homozygous alleles at about 95% or more ofits loci.

In addition to being used to create a backcross conversion, backcrossingcan also be used in combination with pedigree breeding. As discussedpreviously, backcrossing can be used to transfer one or morespecifically desirable traits from one variety, the donor parent, to adeveloped variety called the recurrent parent, which has overall goodagronomic characteristics yet lacks that desirable trait or traits.However, the same procedure can be used to move the progeny toward thegenotype of the recurrent parent but at the same time retain manycomponents of the non-recurrent parent by stopping the backcrossing atan early stage and proceeding with selfing and selection. For example, acanola variety may be crossed with another variety to produce a firstgeneration progeny plant. The first generation progeny plant may then bebackcrossed to one of its parent varieties to create a BC1 or BC2.Progeny are selfed and selected so that the newly developed variety hasmany of the attributes of the recurrent parent and yet several of thedesired attributes of the non-recurrent parent. This approach leveragesthe value and strengths of the recurrent parent for use in new canolavarieties.

Therefore, an embodiment of this invention is a method of making abackcross conversion of canola variety SCV239377, comprising the stepsof crossing a plant of canola variety SCV239377 with a donor plantcomprising a desired trait, selecting an F₁ progeny plant comprising thedesired trait, and backcrossing the selected F₁ progeny plant to a plantof canola variety SCV239377. This method may further comprise the stepof obtaining a molecular marker profile of canola variety SCV239377 andusing the molecular marker profile to select for a progeny plant withthe desired trait and the molecular marker profile of SCV239377. In oneembodiment the desired trait is a mutant gene or transgene present inthe donor parent.

Recurrent Selection and Mass Selection

Recurrent selection is a method used in a plant breeding program toimprove a population of plants. SCV239377 is suitable for use in arecurrent selection program. The method entails individual plants crosspollinating with each other to form progeny. The progeny are grown andthe superior progeny selected by any number of selection methods, whichinclude individual plant, half-sib progeny, full-sib progeny and selfedprogeny. The selected progeny are cross pollinated with each other toform progeny for another population. This population is planted andagain superior plants are selected to cross pollinate with each other.Recurrent selection is a cyclical process and therefore can be repeatedas many times as desired. The objective of recurrent selection is toimprove the traits of a population. The improved population can then beused as a source of breeding material to obtain new varieties forcommercial or breeding use, including the production of a syntheticvariety. A synthetic variety is the resultant progeny formed by theintercrossing of several selected varieties.

Mass selection is a useful technique when used in conjunction withmolecular marker enhanced selection. In mass selection seeds fromindividuals are selected based on phenotype or genotype. These selectedseeds are then bulked and used to grow the next generation. Bulkselection requires growing a population of plants in a bulk plot,allowing the plants to self-pollinate, harvesting the seed in bulk andthen using a sample of the seed harvested in bulk to plant the nextgeneration. Also, instead of self pollination, directed pollinationcould be used as part of the breeding program.

Mutation Breeding

Mutation breeding is another method of introducing new traits intocanola variety SCV239377. Mutations that occur spontaneously or areartificially induced can be useful sources of variability for a plantbreeder. The goal of artificial mutagenesis is to increase the rate ofmutation for a desired characteristic. Mutation rates can be increasedby many different means including temperature, long-term seed storage,tissue culture conditions, radiation; such as X-rays, Gamma rays (e.g.cobalt 60 or cesium 137), neutrons, (product of nuclear fission byuranium 235 in an atomic reactor), Beta radiation (emitted fromradioisotopes such as phosphorus 32 or carbon 14), or ultravioletradiation (preferably from 2500 to 2900 nm), or chemical mutagens (suchas base analogues (5-bromo-uracil), related compounds (8-ethoxycaffeine), antibiotics (streptonigrin), alkylating agents (sulfurmustards, nitrogen mustards, epoxides, ethylenamines, sulfates,sulfonates, sulfones, lactones), azide, hydroxylamine, nitrous acid, oracridines. Once a desired trait is observed through mutagenesis thetrait may then be incorporated into existing germplasm by traditionalbreeding techniques. In addition, mutations created in other canolaplants may be used to produce a backcross conversion of canola varietySCV239377 that comprises such mutation.

Breeding with Molecular Markers

Molecular markers, which include markers identified through the use oftechniques such as Isozyme Electrophoresis, Restriction Fragment LengthPolymorphisms (RFLPs), Randomly Amplified Polymorphic DNAs (RAPDs),Arbitrarily Primed Polymerase Chain Reaction (AP-PCR), DNA AmplificationFingerprinting (DAF), Sequence Characterized Amplified Regions (SCARs),Amplified Fragment Length Polymorphisms (AFLPs), Simple Sequence Repeats(SSRs) and Single Nucleotide Polymorphisms (SNPs), may be used in plantbreeding methods utilizing canola variety SCV239377. One use ofmolecular markers is Quantitative Trait Loci (QTL) mapping. QTL mappingis the use of markers, which are known to be closely linked to allelesthat have measurable effects on a quantitative trait. Selection in thebreeding process is based upon the accumulation of markers linked to thepositive effecting alleles and/or the elimination of the markers linkedto the negative effecting alleles from the plant's genome.

Molecular markers can also be used during the breeding process for theselection of qualitative traits. For example, markers closely linked toalleles or markers containing sequences within the actual alleles ofinterest can be used to select plants that contain the alleles ofinterest during a backcrossing breeding program. The markers can also beused to select for the genome of the recurrent parent and against thegenome of the donor parent. Using this procedure can minimize the amountof genome from the donor parent that remains in the selected plants. Itcan also be used to reduce the number of crosses back to the recurrentparent needed in a backcrossing program. The use of molecular markers inthe selection process is often called genetic marker enhanced selection.Molecular markers may also be used to identify and exclude certainsources of germplasm as parental varieties or ancestors of a plant byproviding a means of tracking genetic profiles through crosses.

Production of Double Haploids

The production of double haploids can also be used for the developmentof plants with a homozygous phenotype in the breeding program. Forexample, a canola plant for which canola variety SCV239377 is a parentcan be used to produce double haploid plants. Double haploids areproduced by the doubling of a set of chromosomes (1 N) from aheterozygous plant to produce a completely homozygous individual. Thiscan be advantageous because the process omits the generations of selfingneeded to obtain a homozygous plant from a heterozygous source.

Haploid induction systems have been developed for various plants toproduce haploid tissues, plants and seeds. Thus, an embodiment of thisinvention is a process for making a substantially homozygous SCV239377progeny plant by producing or obtaining a seed from the cross ofSCV239377 and another canola plant and applying double haploid methodsto the F₁ seed or F₁ plant or to any successive filial generation. Basedon studies in maize and currently being conducted in canola, suchmethods would decrease the number of generations required to produce avariety with similar genetics or characteristics to SCV239377.

In particular, a process of making seed retaining the molecular markerprofile of canola variety SCV239377 is contemplated, such processcomprising obtaining or producing F₁ seed for which canola varietySCV239377 is a parent, inducing doubled haploids to create progenywithout the occurrence of meiotic segregation, obtaining the molecularmarker profile of canola variety SCV239377, and selecting progeny thatretain the molecular marker profile of SCV239377.

A pollination control system and effective transfer of pollen from oneparent to the other offers improved plant breeding and an effectivemethod for producing hybrid canola seed and plants. For example, theogura cytoplasmic male sterility (cms) system, developed via protoplastfusion between radish (Raphanus sativus) and rapeseed (Brassica napus)is one of the most frequently used methods of hybrid production. Itprovides stable expression of the male sterility trait and an effectivenuclear restorer gene.

In developing improved new Brassica hybrid varieties, breeders useself-incompatible (SI), cytoplasmic male sterile (CMS) and nuclear malesterile (NMS) Brassica plants as the female parent. In using theseplants, breeders are attempting to improve the efficiency of seedproduction and the quality of the F₁ hybrids and to reduce the breedingcosts. When hybridization is conducted without using SI, CMS or NMSplants, it is more difficult to obtain and isolate the desired traits inthe progeny (F₁ generation) because the parents are capable ofundergoing both cross-pollination and self-pollination. If one of theparents is a SI, CMS or NMS plant that is incapable of producing pollen,only cross pollination will occur. By eliminating the pollen of oneparental variety in a cross, a plant breeder is assured of obtaininghybrid seed of uniform quality, provided that the parents are of uniformquality and the breeder conducts a single cross.

In one instance, production of F₁ hybrids includes crossing a CMSBrassica female parent, with a pollen producing male Brassica parent. Toreproduce effectively, however, the male parent of the F₁ hybrid musthave a fertility restorer gene (Rf gene). The presence of an Rf genemeans that the F₁ generation will not be completely or partiallysterile, so that either self-pollination or cross pollination may occur.Self pollination of the F₁ generation to produce several subsequentgenerations is important to ensure that a desired trait is heritable andstable and that a new variety has been isolated.

An example of a Brassica plant which is cytoplasmic male sterile andused for breeding is ogura (OGU) cytoplasmic male sterile. A fertilityrestorer for ogura cytoplasmic male sterile plants has been transferredfrom Raphanus sativus (radish) to Brassica. The restorer gene is Rf1,originating from radish. Improved versions of this restorer have beendeveloped as well. Other sources and refinements of CMS sterility incanola include the Polima cytoplasmic male sterile plant.

Further, as a result of the advances in sterility systems, varieties aredeveloped that can be used as an open pollinated line (i.e. a pure linesold to the grower for planting) and/or as a sterile inbred (female)used in the production of F₁ hybrid seed. In the latter case, favorablecombining ability with a restorer (male) would be desirable. Theresulting hybrid seed would then be sold to the grower for planting.

The development of a canola hybrid in a canola plant breeding programinvolves three steps: (1) the selection of plants from various germplasmpools for initial breeding crosses; (2) the selfing of the selectedplants from the breeding crosses for several generations to produce aseries of inbred lines, which, although different from each other, breedtrue and are highly uniform; and (3) crossing the selected inbred lineswith different inbred lines to produce the hybrids. During theinbreeding process in canola, the vigor of the lines decreases. Vigor isrestored when two different inbred lines are crossed to produce thehybrid. An important consequence of the homozygosity and homogeneity ofthe inbred lines is that the hybrid between a defined pair of inbredswill always be the same. Once the inbreds that give a superior hybridhave been identified, the hybrid seed can be reproduced indefinitely aslong as the homogeneity of the inbred parents is maintained.

Combining ability of a line, as well as the performance of the line perse, is a factor in the selection of improved canola varieties that maybe used as inbreds. Combining ability refers to a line's contribution asa parent when crossed with other lines to form hybrids. The hybridsformed for the purpose of selecting superior lines are designated testcrosses. One way of measuring combining ability is by using breedingvalues. Breeding values are based on the overall mean of a number oftest crosses. This mean is then adjusted to remove environmental effectsand is adjusted for known genetic relationships among the lines.

Hybrid seed production requires inactivation of pollen produced by thefemale parent. Incomplete inactivation of the pollen provides thepotential for self-pollination. This inadvertently self-pollinated seedmay be unintentionally harvested and packaged with hybrid seed.Similarly, because the male parent is grown next to the female parent inthe field, there is also the potential that the male selfed seed couldbe unintentionally harvested and packaged with the hybrid seed. Once theseed from the hybrid bag is planted, it is possible to identify andselect these self-pollinated plants. These self-pollinated plants willbe genetically equivalent to one of the inbred lines used to produce thehybrid. Though the possibility of inbreds being included in hybrid seedbags exists, the occurrence is rare because much care is taken to avoidsuch inclusions. These self-pollinated plants can be identified andselected by one skilled in the art, either through visual or molecularmethods.

Brassica napus canola plants, absent the use of sterility systems, arerecognized to commonly be self-fertile with approximately 70 to 90percent of the seed normally forming as the result of self-pollination.The percentage of cross pollination may be further enhanced whenpopulations of recognized insect pollinators at a given growing site aregreater. Thus open pollination is often used in commercial canolaproduction.

INDUSTRIAL USES

Currently Brassica napus canola is recognized as an increasinglyimportant oilseed crop and a source of meal in many parts of the world.The oil as removed from the seeds commonly contains a lesserconcentration of endogenously formed saturated fatty acids than othervegetable oils and is well suited for use in the production of salad oilor other food products or in cooking or frying applications. The oilalso finds utility in industrial applications. Additionally, the mealcomponent of the seeds can be used as a nutritious protein concentratefor livestock.

Canola oil has the lowest level of saturated fatty acids of allvegetable oils. “Canola” refers to rapeseed (Brassica) which has aerucic acid (C_(22:1)) content of at most 2 percent by weight based onthe total fatty acid content of a seed, and which produces, aftercrushing, an air-dried meal containing less than 30 micromoles (μmol)per gram of defatted (oil-free) meal. These types of rapeseed aredistinguished by their edibility in comparison to more traditionalvarieties of the species.

Canola variety SCV239377 can be used in the production of an ediblevegetable oil or other food products in accordance with knowntechniques. The solid meal component derived from seeds can be used as anutritious livestock feed. Parts of the plant not used for human oranimal food can be used for biofuel.

Tables

In Table 2, selected oil quality characteristics of the seed of canolavariety SCV239377 are compared with oil quality characteristics of thesame two canola varieties referenced in Table 1. The data in Table 2includes results on seed samples collected from two testing locationsand are presented as averages of the values observed. Column 1 shows thevariety, column 2 shows the percent saturated fatty acid content, column3 shows the percent oleic acid content, column 4 shows the percentlinoleic content and column 5 shows the percent linolenic content.Characteristics of a hybrid containing SCV239377 as a parent compared totwo commercial varieties are set forth in Table 3.

TABLE 2 Oil Quality Characteristics of SCV239377 Compared to TwoProprietary Canola varieties 1 2 3 4 5 Variety % Sat. Fat. Acid % OleicAcid % Linoleic % Linolenic SCV239377 6.97 65.98 18.37 6.40 SCV2756256.98 63.79 18.69 8.60 SCV595906 7.13 64.71 18.17 7.89

TABLE 3 Characteristics of Hybrid G28101, Containing SCV239377, Comparedto Two Commercial Varieties* 1 2 3 4 5 6 7 8 9 10 11 12 Vari- YieldLodging DMat Sats Height Gluc Oil Prot BL FW CR ety % 1 = best Days % cmμm/g % % rating rating rating 45H29 100.8 2.2 96 6.61 114 11.0 47.4 43.8R R R 5440 99.2 1.2 96 6.60 114 11.0 47.9 43.4 R R S Avg of Checks 100.01.7 96 6.61 114 11.0 47.7 43.6 Hybrid G28101 95.6 1.9 94 6.43 101.4 7.749.5 43.7 R R S

Deposit Information

A deposit of the canola variety SCV239377, which is disclosed hereinabove and referenced in the claims, will be made with the American TypeCulture Collection (ATCC), 10801 University Blvd., Manassas, Va.20110-2209. The date of deposit is ______ and the accession number forthose deposited seeds of canola variety SCV239376 is ATCC Accession No.______. All restrictions upon the deposit have been removed, and thedeposit is intended to meet all of the requirements of the BudapestTreaty and 37 C.F.R. §1.801-1.809. The deposit will be maintained in thedepository for a period of 30 years, or 5 years after the last request,or for the effective life of the patent, whichever is longer, and willbe replaced if necessary during that period.

While a number of exemplary aspects and embodiments have been discussedabove, those of skill in the art will recognize certain modifications,permutations, additions and sub-combinations thereof. It is thereforeintended that the following appended claims and claims hereafterintroduced are interpreted to include all such modifications,permutations, additions and sub-combinations as are within their truespirit and scope.

1. A seed of canola variety SCV239377, representative sample of seed ofwhich was deposited under ATCC Accession No. PTA-122558.
 2. A canolaplant, or a part thereof, produced by growing the seed of claim
 1. 3. Atissue culture produced from protoplasts or cells from the plant ofclaim 2, wherein said cells or protoplasts of the tissue culture areproduced from a plant part selected from the group consisting of leaf,pollen, embryo, cotyledon, hypocotyl, meristematic cell, root, root tip,anther, pistil, flower, shoot, stem, petiole, and pod.
 4. A canola plantregenerated from the tissue culture of claim 3, wherein the plantcomprises all of the morphological and physiological characteristics ofcanola variety SCV239377.
 5. A composition comprising a seed or plantpart of canola variety SCV239377, and a cultivation medium, wherein arepresentative sample of seed of canola variety SCV239377 was depositedunder ATCC Accession No. PTA-122558.
 6. The seed or plant part of claim5, wherein the cultivation medium is soil or a synthetic medium.
 7. Acanola seed produced by crossing two canola plants and harvesting theresultant canola seed, wherein at least one canola plant is the canolaplant of claim
 2. 8. A canola plant, or a part thereof, produced bygrowing said seed of claim
 7. 9. A method of producing a male sterilecanola plant wherein the method comprises crossing the canola plant ofclaim 2 with a male sterile canola plant and harvesting the resultantseed.
 10. A male sterile canola plant produced by transforming thecanola plant of claim 2 with a nucleic acid molecule that confers malesterility.
 11. An herbicide resistant canola plant produced byintroducing into the canola plant of claim 2 a transgene that confersherbicide resistance to an herbicide selected from the group consistingof imidazolinone, sulfonylurea, glyphosate, glufosinate, 2,4-D, dicamba,L-phosphinothricin, triazine, hydroxyphenylpyruvate dioxygenaseinhibitor, protoporphyrinogen oxidase inhibitor, phenoxy propionic acid,cyclohexanedione, and benzonitrile.
 12. An insect or pest resistantcanola plant produced by introducing a transgene that confers insect orpest resistance into the canola plant of claim
 2. 13. The canola plantof claim 12, wherein the transgene encodes a Bacillus thuringiensisendotoxin.
 14. A disease resistant canola plant produced by introducinga transgene that confers disease resistance into the canola plant ofclaim
 2. 15. A canola plant having modified fatty acid metabolism ormodified carbohydrate metabolism produced by introducing into the canolaplant of claim 2 a transgene encoding a protein selected from the groupconsisting of fructosyltransferase, levansucrase, α-amylase, invertase,and starch branching enzyme, or encoding an antisense nucleic acid of astearyl-ACP desaturase gene.
 16. A method of producing an industrialplant product comprising collecting the commodity plant product from theseed of claim
 1. 17. The method of claim 16, wherein the industrialplant product is selected from the group consisting of canola meal,livestock feed, protein concentrate, unblended canola oil, salad oil,cooking oil, frying oil, vegetable oil, a blended oil, and biofuel. 18.A method of plant breeding, said method comprising the steps of: (a)crossing a plant of canola variety SCV239377 with a second canola plantthat comprises a desired trait to produce F₁ progeny plants, wherein arepresentative sample of seed of canola variety SCV239377 having beendeposited under ATCC Accession No. PTA-122558; (b) selecting at least afirst progeny plant from step (a) that comprises the desired trait toproduce a selected progeny plant; (c) crossing the selected progenyplant from step (b) with a plant of canola variety SCV239377 to produceat least a first backcross progeny plant that comprises the desiredtrait; and (d) repeating steps (b) and (c) with the first backcrossprogeny plant produced from step (c) used in place of the first progenyplant of step (b) during said repeating, wherein steps (b) and (c) arerepeated until at least a backcross progeny plant is produced comprisingthe desired trait.
 19. A canola plant produced by the method of claim18, wherein the plant comprises the desired trait.
 20. The canola plantof claim 19, wherein the desired trait is herbicide resistance and theresistance is conferred to an herbicide selected from the groupconsisting of imidazolinone, sulfonylurea, glyphosate, glufosinate,2,4-D, dicamba, L-phosphinothricin, triazine, hydroxyphenylpyruvatedioxygenase inhibitor, protoporphyrinogen oxidase inhibitor, phenoxypropionic acid, cyclohexanedione and benzonitrile.
 21. The canola plantof claim 19, wherein the desired trait is insect resistance and theinsect resistance is conferred by a transgene encoding a Bacillusthuringiensis endotoxin.
 22. The canola plant of claim 19, wherein thedesired trait is modified fatty acid metabolism or modified carbohydratemetabolism and said desired trait is conferred by a nucleic acidencoding a protein selected from the group consisting of phytase,fructosyltransferase, levansucrase, α-amylase, invertase, and starchbranching enzyme, or encoding an antisense nucleic acid of a stearyl-ACPdesaturase gene.